- Keep the door closed in the unlikely event the bailiff calls in person;
And this time you should also complain to the Creditor if threatened or receiving a visit;
- If receiving a letter from the bailiffs you should contact the Creditor and complain that enforcement activity is threatened and point out the objection on health grounds.
Bailiffs should withdraw and contact the creditor
The National Guidance for enforcement agents provides for creditors to take back the debt in one of these cases; bailiffs are also supposed to use discretionShould a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary, and call off the bailiffs.
There is a test of ‘appropriateness ‘The time and situation we are in nationally is clear an occasion where ‘appropriateness’ applies – it is wholly inappropriate to use enforcement against goods at this time. Indeed, not merely inappropriate but wholly unreasonable but could even be potentially unlawful not to suspend action. Creditors remain jointly and severally liable for the actions of their enforcement agents with regard to wrongful instructions and failure to use discretion.
In summary you
- Consider making formal complaints, if clients are able;
- Contact the creditor and inform them of what is being done on their behalf (it is possible some may not know)
- The creditor should be challenged as to why you are using bailiffs at this time and warned that door-to-door collection methods pose a threat to public health;
- Keep a note and list those creditors who proves difficult and do not commit to stopping enforcement activity at this time.